Terms of Use

The Eric the Circle website and application are owned and operated by Eric the Circle Pty Ltd (Eric, us, our or we). By accessing the website, utilising the application or uploading any content you are agreeing to be bound by these Terms and Conditions of Use (Terms), all applicable laws and regulations, and agree that you are responsible for compliance with all applicable local laws. If you do not agree with these terms and conditions, please do not use the website or application.

These Terms apply whenever you access or use the website or application. Eric includes its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders. Eric reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting of the modified Terms. By using the website or application after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms.

1.  Your Relationship with Eric

In these Terms, you may be referred to as a user, member, account holder, creator, you or your. These Terms describes the terms and conditions that govern your use of our website, application software, products and/or services (collectively the Services and individually a Service). From time to time, Eric may also provide Services that are subject to additional terms, in addition to these Terms (the Additional Terms). Where Additional Terms apply to a Service, these will be made accessible for you to read. Eric also provides a Privacy Policy, which deals with how we collect and use any personal information and other information that you provide to us. The Terms, the Additional Terms and the Privacy Policy are collectively referred to in these Terms as the Terms. The Terms form a binding legal agreement between Eric and You. The Terms change from time to time and you agree that such changes form part of these Terms.

2.  Membership and Account creation

In order to fully use the Services, including the uploading of any content by you to the Eric website or the utilization by you of the Application, you need to register an account with us and become an Eric member. To register an account, you must be capable of entering into a legal agreement with Eric and that agreement must be valid in the jurisdiction in which you are residing or from which you use the Services. If you are under the age of consent to enter into a binding contract in your jurisdiction, you need to review these Terms with your parent or guardian and get them to assist you in becoming a member. By becoming a member, you represent that your parent or guardian has joined this agreement with you.

Any agreement between Eric and you is void where it is prohibited by law and in such a case Eric may cancel your account without notice to you.

If you are under 18 years of age, you may not be entitled to some of the Services available on the Site or make or receive revenue from activities offered on the Site. If you need to be over 18 years of age to access or use any of the Services on our Site, we will notify you of this fact in the relevant section of the Site.

When you become a member and create an account, you will be required to provide Eric with certain personal information. The manner in which this information is collected and disclosed is set out in our Privacy Policy. You acknowledge and agree that the Privacy Policy forms part of these Terms.

3.  Term of Your Membership

Your membership continues while you use the Services. You may terminate your membership any time and for any reason.

Eric may terminate your membership if:

(a) you breach any of these Terms; 

(b) Eric is required to do so by any law or regulation; or 

(c) Eric ceases to offer the Services. 

Upon termination, all of the legal rights, obligations and liabilities you have accrued or incurred will terminate unless expressly stated otherwise.

You acknowledge and agree that if your Eric account and membership is terminated for any reason, that any and all content or files or any other documentation or works that you may have created or used or accessed during your membership may be deleted or blocked from access and that you have no recourse against Eric for the deletion, removal or restricted access of or to such content.

4.  Your Passwords and Account Security

You are responsible for maintaining the confidentiality of passwords associated with your Eric account. This includes any passwords for other sites that may be required in order to access or use the Services. You will be solely responsible to Eric for all activities that that occur under your account. If you become aware of any unauthorized use of your account, you must notify Eric immediately at info@ericthecircle.com

5.  Provision of Services by Eric

In order to provide the best possible experience for our users, Eric regularly updates its Services. You acknowledge and agree that the form and nature of the Services that Eric provides may change from time to time without prior notice to you.

Eric may also stop (permanently or temporarily) providing any or all of the Services to you or users generally in Eric’s sole discretion, without prior notice to you.

6.  Your Use of the Services

You agree to use the Services only for purposes that are permitted by these Terms and any applicable law, regulation, generally accepted practice or guidelines in your relevant jurisdiction.

You agree not to distribute in any medium any part of the Site, or to alter, modify or remove any part of the Site, including any embedded technologies included on the Site. You further agree not to engage in any activity that interferes with or disrupts the Services (or the servers or networks which are connected to the Services).

You may only reproduce, duplicate, copy, sell, trade or resell any of the Services offered on the Site for any purpose with the prior express written permission of Eric.

You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services).

You are solely responsible for any interactions that you have with other users on the Site, or in relation to any transaction that you conduct on the Site. Eric reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.

7.  Content and Intellectual Property Rights

You acknowledge and agree that all material and information (such as data files, written text, computer software, music, audio files or other sounds, designs, photographs, drawings, videos or other images (hereafter referred to as Eric Content) that you may have access to on the Site or in the provision of the Services, or arising from your use of the Services are owned or controlled by Eric, except where stated otherwise.

You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Eric Content (either in whole or part) unless you have the express written consent of Eric, either in these Terms or otherwise.

You should be aware that, in addition to the Eric Content, other content on the Site, including sponsored content or advertising content, may be protected by intellectual property rights which are owned or controlled by the people or corporations who provided that content to Eric for inclusion on the Site (Non-User Content). You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Non-User Content (either in whole or part) unless you have the express written consent of Eric or by the owners of the Non-User Content, either in these Terms or otherwise.

Eric grants to you a non-exclusive licence to use the “Flashpad” website module and the Eric Application for the purposes of posting User Content.

You may create or post your own content on the Site or Application or adapt or populate the Eric Content and in particular may create your own “Eric the Circle” Cartoon (the User Content). All User Content howsoever created or transmitted to Eric immediately becomes the Property of Eric.

You acknowledge and agree that when you upload or otherwise submit User Content:

•  you grant Eric a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; 
   
• you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Eric the license referred to above;
   
• you acknowledge and agree that Eric will have the right (but not obligation), at its sole discretion, to refuse to publish, or to remove, or to block access to any User Content you provide, at any time and for any reason, with or without notice.

Eric retains ownership of the intellectual property rights in User Content and that Eric may use, adapt, modify, exploit, delete or remove or do any other thing commensurate with its ownership rights in such User Content in its absolute discretion and may also permit others to modify or adapt User Content for the purpose of posting such modification or adaptation on the Site or any other web site, forwarding Your User Content to third parties via any means of communication now known or created in the future or, subject to these Terms, purchase, order or design goods which incorporate User Content.

Eric grants to you a non-exclusive licence to use, adapt, modify or exploit User Content created by you solely for non-commercial purposes and for the purposes of publishing any adaption or modification thereof to the Site, or for purchasing, ordering or designing goods that incorporate User Content. Any other uses of User Content or the Eric Content are expressly prohibited unless expressly permitted on the Site or in these Terms. The above rights granted to Eric and to you are irrevocable and will remain in force for so long as Your Eric the Circle cartoon, the User Content or the Eric Content exists in any form.

8.  Moral rights

You consent to the doing of any acts or making of any omissions by Eric that infringe your Moral Rights in any User Content including:

• not naming you as the author of User Content; or
   
• amending or modifying (whether by changing, adding to or deleting/removing) any part of User Content.

You acknowledge that his consent is genuinely given and continues to apply after this Agreement ceases to operate for whatever reason.

9.  Posting of Other Content

You acknowledge and agree that, in addition to creating User Content users may also post comments about User Content and that you may post comments on User Content (the User Comments).

You are responsible for all User Content and User Comments that you post or transmit. The following User Content and User Comments are prohibited:

(a) content or comments that discloses or contains any personally identifying information beyond a first name about any person, including posting of any email addresses or telephone numbers;

(b) content or comments in which you impersonate another person or entity, including comments in which you falsely claim to be a Site moderator or other official;

(c) pornographic, sexually explicit or obscene content or comments;

(d) content or comments that exploits or solicits personal information from children or minors;

(e) content or comments that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment;

(f) content or comments that may be deemed grossly offensive, including, but not limited to, expressions of bigotry, prejudice, racism, hatred or profanity;

(g) content or comments promoting or providing instructional information about illegal or illicit activities; and

(h) content or comments promoting any commercial enterprise.

User Comments and User Content must also not contain any material the intellectual property rights in which are owned or controlled by a third party unless you have the express permission of the owner of the relevant intellectual property rights.

User Comments must not solicit, or seek to solicit, the acquisition or sale of any third party products or services, including through spam, junk mail or chain letters. In order to protect users from such advertising or solicitation, Eric reserves the right to restrict the number of User Comments you make on the Site or the amount of User Content that you post in any 24-hour period to a number Eric considers appropriate in its absolute discretion.

Any content that you post to the Site must not contain any viruses, malware, corrupted files or any similar programs.

Eric has the right, but not the obligation, to monitor and remove or amend any User Comments, Eric the Circle Cartoons or any other content posted to the Site. However, Eric’s refusal or failure to remove or amend any User Comments does not constitute and endorsement of or a breach of these Terms by Eric and you agree that you have no recourse against Eric in these circumstances.

10.  Purchasing Policy

All products, goods and services that may be purchased from the Site are offered through linked sites by third party vendors (Third Party Vendors). Unless otherwise expressly stated on the Site, Eric does not act as the agent or sub-contractor to any Third Party Vendor. Eric is not responsible for any goods, products or services offered by Third Party Vendors and does not warrant the accuracy, financial stability or viability of any Third Party Vendors.

11. Creation Rewards

You acknowledge that from time to time Eric may offer your User Content for sale such that your User Content may be incorporated within goods or services. If Eric sell or licenses your User Content and Eric receives any revenue from such sale or license, you may receive a proportion of that revenue from Eric. The amount of such revenue you may receive may be determined from time to time in Eric’s sole discretion (User Revenue). In order to receive User Revenue you may be required to set up an account with a provider such as PayPal.

Eric may change the terms on which User Revenue is calculated or distributed and may cease offering User Revenue at any time without prior notice. You agree that you will not make any claims against Eric in relation to User Revenue that you believe is owed to you or which you allege has not been paid to you by Eric. You further agree that the receipt of any User Revenue does not constitute any ownership or other intellectual property right interest in your User Content that is contrary to the provisions of these Terms.

12.  Linked Sites

The Site will contain hyperlinks to websites of people or organizations other than Eric. The Site may also contain advertisements that contain hyperlinks to advertisers websites. Those links are provided for convenience and information purposes and may not remain current or maintained. Except as expressly stated on the Site, Eric:

(a) is not responsible for any content on those linked websites; 

(b) is not responsible for any loss or damage of any nature that you may suffer as a result of accessing any linked
website from the Site; and 

(c) has no control over or rights in those linked websites. 

13.  Disclaimers and Limitations of Liability

To the maximum extent permitted by law Eric excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the website, application or services.

Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded Eric's liability for breach of such a warranty shall be limited at its option, to any one or more of the following:

(a) in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

You agree to indemnify and hold harmless Eric from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms or any other violation by you of the rights of another person or party.

Eric does not exclude any rights and remedies in respect of goods or services under the Australian Competition and Consumer Law (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.

To the fullest extent possible:

(a) Eric does not warrant the accuracy of the content which you access through this Application. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.

(b) Eric will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Application.

(c) Eric does not warrant that functions of this Application or which you access through this Application, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Eric or the server that makes it available, are free of viruses or bugs.

(d) Eric has no liability to you whatsoever arising from the reliability, ability or inability to connect to the Internet, download the mobile application, upload any User Content or access your account.

(e) You indemnify Eric and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of this Application Third Party Content & Links.

Eric is not responsible for and makes no warranties, express or implied, as to any Eric Content, User Content other content, products, services or information appearing on or available through the Site. Eric is also not responsible for the content, accuracy or opinions expressed on any advertisement contained on the Site or any website linked from this Site and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Eric. Inclusion of any advertisement on the Site or any linked website on the Site does not imply approval or endorsement by Eric. 

You use the Site at your own risk and acknowledge and agree that the Site and all content on the Site are provided on an “as is” and “as available” basis. In particular, Eric, and its affiliates, licensors, agents, Suppliers and contractors do not represent or warrant that:

• your use of the Site will meet your requirements;
   
• the Site will be uninterrupted, error free or secure; and
   
• any information obtained from the Site by you will be accurate and reliable.

Eric is not responsible for the conduct, whether online or offline, of any user of the Site. Eric assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Site user communication.

When you submit content to Eric in any format, including any text, photographs, graphics, video or audio, you grant Eric a non-exclusive, royalty free, perpetual license to publish that content.

You agree that Eric can use that content in any way, now and in the future. Eric also reserves the right not to use the content you submit.

You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.

You indemnify Eric against any and all legal fees, damages and other expenses that may be incurred by Eric as a result of a breach of the above warranty.

Eric is not liable to you or anyone else for any actual or alleged loss, liability, claim or demand (including solicitors costs) suffered by you or made by a third party in connection with the use of the Site or a linked website. Nothing contained in this clause is intended to limit or replace any rights or remedies that you may at law or have under any fair trading legislation in your jurisdiction.

14.  Copyright and Trademark Policies

Eric respects the intellectual property rights of others, and requires that its users do the same. It is Eric’s policy to respond to notices of alleged copyright infringement and to terminate the accounts of infringers In using the Services and posting User Content or other content to the Site, you must not upload, embed, post, recreate, adapt, modify, email or otherwise transmit or make available any material that infringes the copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, except to the extent that such adaptation or modification is of User Content and is expressly permitted by these Terms. Eric has the right to terminate your use of the Site and your Eric account and membership if you breach this requirement.

You agree that all content you post to the , including Your Eric the Circle (defined below u) is your original work or is your original adaptation or modification of User Content and that any and all postings by you on the Site will not infringe the intellectual property rights (including copyright or trademarks) of any other person or corporation. You acknowledge that if you post content on the Site that does breach the intellectual property rights of a third party, then this may cause Eric material damage. Accordingly, you agree to indemnify Eric and keep Eric indemnified for all losses, damages, costs and claims made against Eric by persons or corporations alleging that any content that you posted on the Site breaches the intellectual property rights of another person or corporation. You further agree to provide Eric with all assistance and support requested by Eric in answering or dealing with any claims made against Eric.

If you believe that your Intellectual Property has been copied, altered, modified, adapted or otherwise used in any way that constitutes an intellectual property right infringement, please send Eric a notification of claimed infringement with all of the following information:

(a) identification of the IP claimed to have been infringed,

(b) identification of the work or works that you claim are infringing your intellectual property rights sufficient that we can locate this work or works on the Site;

(c) information reasonably sufficient to permit us to contact you, such as an address, an email address and a telephone number;

(d) a statement by you that the above information in your notification is accurate; and that you are the

(f) copyright owner or authorized to act on the copyright owner’s behalf; and

(e) your physical or electronic signature.

You can provide this information to Eric at info@ericthecircle.com

15.  Severability

The provisions of these Terms are severable. If for any reason any provision of these Terms is held to be invalid or unenforceable in whole or in part, such provision will be ineffective only to the extent of such invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of these Terms.

16.  Governing Law

The laws of New South Wales (NSW) govern these Terms. By registering for a user account on this web site, or by using the web site, downloading the application or uploading any content, you accept the exclusive jurisdiction of the courts of NSW and agree that any disputes will be heard by the said courts of New South Wales.